BICOMONG VS.

ALMANZA
G.R. No. L-37365. November 29, 1977

Facts
Simeon Bagsic had two marriages.
1. First, to Sisenanda Barcenas on June 8, 1859, for which they begot 3 children, Perpetua, Igmedia, and Ignacio.
Sisenanda Barcenas died ahead of her husband Simeon Bagsic.

 Ignacio’s Heir: Plaintiff Francisca Bagsic.

 Igmedia’s Heirs: Plaintiffs Dionisio, Maria and Petra, all surnamed Tolentino.
 Perpetua’s Heirs: Plaintiffs Gaudencio, Felicidad, Salome, and Gervacio, all surnamed Bicomong.

2. Second, to Silvestra Glosorio on June 3 1885. Of this second marriage were born two children, Felipa and Maura.
Simeon and Silvestra died.

Maura Bagsic died leaving no heir. Felipa Bagsic married Geronimo Almanza. She died and was survived by her
husband defendant Geronimo Almanza, her daughter Cristeta Almanza. Cristeta died survived by her husband
defendant Engracio Manese.

Subject matter of Civil Case No. SP-265 is the one half undivided share of Maura Bagsic in the five (5) parcels of
land [around San Pablo and Quezon] which she inherited from her deceased mother, Silvestra Glorioso.

After the death of Maura Bagsic, the above described properties passed on to Cristela Almanza who took charge of
the administration of the same. Thereupon, the plaintiffs approached her and requested for the partition of their aunt's
properties. However, they were prevailed upon by Cristeta Almanza not to divide the properties yet as the expenses
for the last illness and burial of Maura Bagsic had not yet been paid. Partition was brought out again in 1959.
However, by then, Cristeta already died without the division of the properties having been effected, thereby leaving
the possession to the defendants.

Thus, before the CFI, three sets of plaintiffs filed the complaint for recovery of their lawful shares left by
Maura:
1. The Bicomongs, or the children of Perpetua Bagsic;
2. The Tolentinos, children of Igmedia Bagsic; and
3. Francisca, daughter of Ignacio Bagsic.
Plaintiffs filed the said complaint against the defendants Geronimo Almanza and Engracio Menese for the recovery of
their lawful shares in the properties left by Maura Bagsic.

Lower Courts
CFI: Granted; Declared that plaintiffs are entitled to 10/24 share of the 5 parcels of land.

Florentino Cartena, the substitute defendant for Geronimo Almanza, appealed to the Court of Appeals.
 Cartena contends that Arts. 995, 1006 and 1008 of the New Civil Code uses by CFI are inapplicable to the
case.
 Since Maura Bagsic died on April 14, 1952, Felipa succeeded to Maura's estate. In support thereof, he cites
Art. 1004 of the New Civil Code which provides that "should the only survivors be brothers and sisters of the
full blood, they shall inherit in equal shares," and he concludes with the rule that the relatives nearest in
degree excludes the more distant ones. (Art. 962, New Civil Code)

CA: Certified the case to the SC.

ISSUE: W/N Art. 975, 1006 and 1008 of the New Civil Code are applicable in the case at bar.

HELD: YES. Thus, the heirs of the half blood brothers and sisters are able to inherit from the estate left by
their half-sister.

"Art. 975. When children of one or more brothers or sisters of the deceased survive, they shall inherit from
the latter by representation, if they survive with their uncles or aunts. But if they alone survive, they shall
inherit in equal portions."

Application
In the absence of descendants, ascendants, illegitimate children, or a surviving spouse, Article 1003 of the New Civil
Code provides that collateral relatives shall succeed to the entire estate of the deceased. It appearing that Maura
Bagsic died intestate without an issue, and her husband and all her ascendants had died ahead of her, she is
succeeded by the surviving collateral relatives, namely the daughter of her sister of full blood and the ten (10)
children of her brother and two (2) sisters of half blood, in accordance with the provision of Art. 975 of the New Civil
Code.

By virtue of said provision, the aforementioned nephews and nieces are entitled to inherit in their own right. It is
settled that "nephews and nieces alone do not inherit by right of representation (that is per stirpes) unless concurring
with brothers or sisters of the deceased.

Art. 975 makes no quali6cation as to whether the nephews or nieces are on the maternal or paternal line and without
preference as to whether their relationship to the deceased is by whole or half blood, the sole niece of whole blood of
the deceased does not exclude the ten nephews and nieces of half blood.

The only difference in their right of succession is provided in Art. 1008, N.C.C., in relation to Article 1006 of the New
Civil Code (supra), which provisions, in effect, entitle the sole niece of full blood to a share double that of the
nephews and nieces of half blood.

"Art. 1006. Should brothers and sisters of the full blood survive together with brothers and sisters of the half
blood, the former shall be entitled to a share double that of the latter."

"Art. 1008. Children of brothers and sisters of the half blood shall succeed per capita or per stirpes, in
accordance with the rules laid down for brothers and sisters of the full blood."

The contention of the appellant that Maura Bagsic should be succeeded by Felipa Bagsic, her sister of full blood, to
the exclusion of the nephews and nieces of half blood citing Art. 1004, N.C.C., is unmeritorious and erroneous for it is
based on an erroneous factual assumption, that is, that Felipa Bagsic died in 1955, which as indicated here before, is
not true as she died on May 9, 1945, thus she predeceased her sister Maura Bagsic.

Disposition: CFI decision is affirmed.